February 2020 Enforcement Action Summary

Formal Enforcement Actions Issued
Formal Enforcement Actions Settled or Resolved
Superior Court Actions Issued
Superior Court Actions Settled or Resolved

This report includes formal enforcement actions issued or resolved by the Office of Compliance & Inspection (OC&I) for February 2020. This report is intended to inform the public of certain compliance/enforcement activities performed in the preceding month to protect the public's health, safety, welfare and the environment.

Formal enforcement actions are taken to achieve compliance with law/regulations; remediate environmental damage; restore natural resources to appropriate conditions; impose penalties that capture the gravity of the situation and any economic benefit gained by the alleged violator; and deter similar actions in the future. Formal enforcement is generally in the form of a Notice of Violation (NOV) that alleges certain facts and violations, contains orders to resolve the alleged violations, contains an assessed penalty with supporting documentation regarding what factors the OC&I used to determine the penalty, and, by law, allows a respondent the ability to appeal or contest the NOV to the Rhode Island Department of Environmental Management (RIDEM) Administrative Adjudication Division (AAD). Since most NOVs are contested cases, the OC&I does not generally discuss the case with the public while the matter is awaiting hearing or pending negotiated settlement. NOVs are subject to release under the Access to Public Records law in Rhode Island. A copy of an individual NOV may be obtained through the RIDEM's Office of Customer and Technical Assistance. The OC&I often resolve formal enforcement actions through negotiated settlement agreements prior to hearing before the AAD.

Media inquiries should be addressed to Gail Mastrati at 401-222-4700 ext. 2402. Requests for file reviews should be emailed to Angela Spadoni at 401-222-4700 ext. 7307, fax 401-222-3810. Please note that formal case names appearing in blue text are linked to a PDF version of the unsigned document.

Formal Enforcement Actions Issued:

February 18, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-18-96 re: David F. Prime and Susan C. Prime for property located at 1196-1198 Danielson Pike, Assessor's Plat 36, Lot 10 in the Town of Scituate, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. OC&I alleges that Respondents violated the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV.

February 18, 2020 – Freshwater Wetland File No. OCI-FW-16-130 X-ref C09-0049 re: John S. Dolinski for properties located at 205 Reservoir Road, Assessor’s Plat 210, Lot 28 (Lot 28), an island southwest of 205 Reservoir Road, Assessor’s Plat 209, Lot 33 (Lot 33) and Pascoag Reservoir in the Town of Burrillville, Rhode Island. Respondent owns Lot 28 and Lot 33. The Seaconke Wampanoag Tribe and the Town of Burrillville own Pascoag Reservoir. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and the Rhode Island Code of Regulations titled Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV.

February 20, 2020 – Freshwater Wetland File No. OCI-FW-13-124 X-ref C13-0081 re: John Melucci for a property located at 27 Sidney Street, Assessor’s Plat 21, Lot 18 in the Town of Smithfield, Rhode Island. Respondent owns the property. OC&I alleges that Respondent violated Rhode Island's Freshwater Wetlands Act and the Rhode Island Code of Regulations titled Rules and Regulations for Governing the Administration and Enforcement of the Freshwater Wetlands Act (250-RICR-150-15-1). View the NOV.

February 24, 2020 – Water Pollution File No. OCI-WP-19-67 X-ref RIPDES RI0023442 re: RHODE ISLAND RESOURCE RECOVERY CORPORATION for a property located at 65 Shun Pike in the Town of Johnston, Rhode Island. The property includes a facility that is engaged in the recycling and disposal of solid waste. Respondent owns the property and operates the facility. On April 24, 2015, RIDEM issued a permit to Respondent to discharge stormwater from treatment pond 2 at the facility to Upper Simmons Reservoir, which became effective on July 1, 2015. OC&I alleges that Respondent violated the permit and Rhode Island’s Water Pollution Act and the Rhode Island Code of Regulations titled Water Quality Regulations (250-RICR-150-05-1) and the Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV.

Formal Enforcement Actions Settled or Resolved:

February 18, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-18-37 re: Kevin Curt and Elena Curt for property located at 118 Blue Gentian Road, Assessor's Plat 27/1, Lot 113 in the City of Cranston, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. On January 16, 2019, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV and paid a reduced penalty of $1,200 to fully resolve the NOV.

February 18, 2020 – Onsite Wastewater Treatment System File No. OCI-OWTS-14-7 re: James W. Morgan and Joseph R. Frank for property located at 18 New Lexington Road, Assessor's Plat 148, Lot 127 in the Town of North Kingstown, Rhode Island. The property includes a single-family residence that is served by an onsite wastewater treatment system. Respondents own the property. On August 22, 2014, OC&I issued a NOV to Respondents alleging that Respondents violated the Rhode Island Code of Regulations titled Rules Establishing Minimum Standards Relating to Location, Design, Construction and Maintenance of Onsite Wastewater Treatment Systems (250-RICR-150-10-6). View the NOV. Respondents did not file an appeal of the NOV with AAD. Respondents complied with the Order section of the NOV but did not pay the administrative penalty. OC&I referred the unpaid debt to the Department of Revenue, and the full penalty assessed in the NOV and interest of $22.44 was paid to fully resolve the NOV.

February 26, 2020 – Water Pollution File No. OCI-WP-17-92 re: City of Woonsocket, Rhode Island. The City of Woonsocket (Woonsocket) owns a wastewater collection and treatment system (facility). On December 19, 2003, RIDEM issued a general permit to discharge stormwater associated with industrial activity to the waters of the State. On March 18, 2004, Woonsocket applied to obtain coverage under the permit. The application did not include the facility. On January 3, 2018, OC&I issued a NOV to Respondent alleging that Respondent violated the Water Pollution Act and the Rhode Island Code of Regulations titled Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent deposited $15,000 into the account for the Blackstone River Coalition (a nonprofit organization) to be used for one or more projects to improve the water quality of Blackstone River to fully resolve the NOV.

February 28, 2020 – Water Pollution File No. OCI-WP-18-166 X-ref RIG85G029 re: Manafort Brothers Incorporated. On July 13, 2017, RIDEM issued a permit to the University of Rhode Island and Respondent to discharge treated groundwater associated with the University of Rhode Island College of Engineering Building Project to White Horn Brook. On May 29, 2019, OC&I issued a NOV to Respondent alleging that Respondent violated the permit, Rhode Island’s Water Pollution Act, the Rhode Island Code of Regulations titled Water Quality Regulations (250-RICR-150-05-1) and the Rhode Island Code of Regulations titled Regulations for the Rhode Island Pollutant Discharge Elimination System (250-RICR-150-10-1). View the NOV. Respondent filed an appeal of the NOV with AAD. Prior to an administrative hearing on the NOV, Respondent paid a reduced penalty of $22,000 to fully resolve the NOV.

Superior Court Actions Issued:

None issued this month.

Superior Court Actions Settled or Resolved:

February 13, 2020 – Dam State I.D. 003 (Wilson Reservoir Dam) and File No. OCI-DAMS-13-94 and Superior Court File No. PC-2019-1486 re: Plaintiff Janet L. Coit, Director, RIDEM vs. Defendants WILSON RESERVOIR ASSOCIATION and Bernard Crodeau, in his capacity as President of WILSON RESERVOIR ASSOCIATION for a dam located approximately 2,100 feet west of the intersection of East Wallum Lake Road and Wallum Lake Road, approximately 100 feet north of Wallum Lake Road, Assessor's Plat 156, Lot 64, in the Town of Burrillville, Rhode Island. The dam is classified by RIDEM as High Hazard. WILSON RESERVOIR ASSOCIATION owns the dam. On April 22, 2016, RIDEM issued a NOV to Defendant WILSON RESERVOIR ASSOCIATION alleging that the dam is unsafe and that Defendant violated the Rhode Island Code of Regulations titled Rules and Regulations for Dam Safety (250-RICR-130-05-1). View the NOV. Defendant did not file an appeal of the NOV and did not comply with the NOV. On February 19, 2019, RIDEM filed a complaint in Superior Court asking the court to order Defendants to comply with the NOV. View the Complaint. Prior to a hearing on the complaint, by agreement of the parties and approval of the Court, a Consent Order was entered that requires Defendants to: (1) monitor the condition of the wall of the dam for 2 years in accordance with the protocol approved by RIDEM, which requires, among other actions, immediately contacting its engineer to assess the safety of the dam if the conditions of the wall meet the action thresholds in the protocol; (2) submit a report of the findings of the monitoring program 60 days after the end of the 2 years that is prepared by its engineer, which must include an opinion of the safety of the dam and any recommendations for further action that may be required; (3) within 90 days submit a report prepared by its engineer that evaluates whether tree cutting or removal poses a threat to the integrity of the dam and, if so, includes an application for repair of the dam and completion of all work after approval by RIDEM; and (4) record the Order in the land evidence records of the Town of Burrillville within 10 days.